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Boston Overview
City of Boston Municipal Code
CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
5-1 ADMINISTRATIVE SERVICES DEPARTMENT.
5-2 ART COMMISSION.
5-3 PUBLIC SAFETY COMMISSION.
5-4 DEPARTMENT OF FEDERALLY FUNDED AGENCIES.
5-5 BOARDS, DEPARTMENTS: OFFICERS, SUBORDINATES AND EMPLOYEES.
5-5.1 Acceptance of Office.
5-5.2 Residency and Voting Requirements for Certain Officers.
5-5.3 Residency Requirement.
5-5.4 Selection Process for Applicant for Provisional or Temporary Positions.
5-5.5 Suspension of Employees; Order of Suspension.
5-5.6 Bonds of Officers and Subordinates.
5-5.7 Personal Liability of Auditor and/or Collector-Treasurer.
5-5.8 Bonds Not Required by Statute or Ordinance.
5-5.9 Allowance of Premium as Expense.
5-5.10 Salary Categories for Certain Offices.
5-5.10A Boston Compensation Advisory Board.
5-5.11 Provisions Regarding Holdovers.
5-5.12 County Officers.
5-5.13 Temporary Officers.
5-5.14 Vacation and Other Absence.
5-5.15 Boards to Organize First Monday of May.
5-5.16 Office Hours.
5-5.17 Records of Acts and Doings of Departments.
5-5.18 Employment, Compensation and Tenure of Subordinates.
5-5.19 Reimbursement of Legal Expenses to City Employees Incurred Within the Scope of Employment.
5-5.20 Paid Parental Leave for City Employees.
5-5.21 To Expend Gifts as Directed.
5-5.22 Personal Property Not Required by Department.
5-5.23 Inspection and Certificate by Weigher.
5-5.24 Printing and Office Supplies.
5-5.25 Settlement of Claims.
5-5.26 Fees and the Like Received for Services.
5-5.27 Bills and Demands Sent to Auditor.
5-5.28 Certification by City Auditor.
5-5.29 Pay Rolls.
5-5.30 Conditions in License of Permits.
5-5.31 Subordinate Acting Temporarily for Officer.
5-5.32 Mandatory Referral of Capital Improvements.
5-5.33 Estimates of Appropriations and Income.
5-5.34 Annual Reports of Departments.
5-5.35 Notice of Illness of Inmates of Public Institutions.
5-5.36 Equal Opportunity Policy.
5-5.37 Public Access to Computerized Information.
5-5.38 Public Information Officer; Prohibition of.
5-5.39 Comparable Worth Commission.
5-5.40 Notification of Employees Regarding Municipal Ethics Laws.
5-5.41 Reporting Requirements to the City Retirement Board.
5-5.42 Gender Identity Nondiscrimination in Health Care Coverage for City Employees.
5-6 PENSIONS, RETIREMENT ALLOWANCES AND ANNUITIES.
5-7 BOSTON RETIREMENT BOARD.
5-8 LAW DEPARTMENT.
5-9 BOSTON CULTURAL COUNCIL.
5-10 RESIDENCY COMPLIANCE.
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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5-5.6   Bonds of Officers and Subordinates.
   (A)   The Collector-Treasurer, Supervisor of Budgets and the City Auditor, before, and the City Clerk, within five days after, entering upon the duties of their respective Offices and annually thereafter and at such other times as the Mayor shall determine, shall give bond to the city, in the case of the Collector-Treasurer, in the penal sum of $500,000, in the case of the City Auditor, and the Supervisor of Budgets, in the penal sum of $100,000, and in the case of the City Clerk, in the penal sum of $5,000.
   (B)   Every bond given under this Section shall be upon the condition that the person named therein as principal and all his or her subordinates shall, while he or she continues in Office, by reappointment, re-election or otherwise, faithfully discharge their duties and trusts, and safely hold and lawfully dispose of and account for all money and other property belonging to the city or county which may come into his or her possession or that of his or her subordinates; and that he or she shall deliver, according to law, to his or her successor in Office or such other person as may be authorized to receive the same all money and other property in his or her possession or that of his or her subordinates belonging to the city or county. Every bond given under this Section shall be executed by a surety company authorized to transact business in the commonwealth as surety, shall be approved by the Mayor and shall be filed with the City Auditor, except that the bond of the City Auditor shall be filed with the Collector-Treasurer.
(Ord. 1954 c. 2 § 6; Rev. Ord. 1961 c. 3 § 2; CBC 1975 Ord. T5 § 102; Ord. 1979 c. 23; CBC 1985 5-5.6)
Cross-reference:
   Ord. ss 6-3.4; CBC 1975 Ord. T6 § 1, 153
5-5.7   Personal Liability of Auditor and/or Collector-Treasurer.
   In the event city funds are expended, with the approval of the City Auditor and/or Collector- Treasurer, in a manner contrary to the provisions of a city ordinance and such Auditor and/or Collector- Treasurer knows such expenditure to be in contravention of such ordinance, such Auditor and/or Collector-Treasurer shall be held personally liable in his or her individual capacity for any such city expenditure; and the Corporation Counsel shall bring civil action against the person of such Auditor and/or Collector-Treasurer to recover any funds so expended for the city; in the event the Corporation Counsel fails or refuses to so proceed against such Auditor and/or Collector-Treasurer the Boston City Council may retain special counsel to so proceed.
(Ord. 1979 c. 19; CBC 1985 5-5.7)
5-5.8   Bonds Not Required by Statute or Ordinance.
   Every person entrusted with the collection, custody or disbursement of public monies who is not required by statute or other ordinance to give bond shall, if the Officer appointing him or her so requires, give before entering upon the duties of his or her Office or position and annually thereafter and at such other times as such Officer shall determine, a bond running to the city or, if such Officer is bonded to the city upon the condition set forth in Subsection 5-5.6, to such Officer, in such penal sum not exceeding $20,000, with such surety, and upon such condition as such Officer shall prescribe. Every bond given under this Section running to the city shall be filed with the City Auditor.
(Ord. 1954 c. 2 § 6; Rev. Ord. 1961 c. 3 § 3; CBC 1975 T5 § 103; CBC 1985 5-5.8)
Cross-reference:
   Ord. ss 6-1.2
5-5.9   Allowance of Premium as Expense.
   The premium for the surety upon any bond given under Subsection 5-5.6, Subsection 5-5.8 or Subsection 6-3.4 shall be allowed and paid as an expense of the Department of which the principal on the bond is an Officer or Employee.
(Ord. 1954 c. 2 § 6; Rev. Ord. 1961 c. 3 § 4; CBC 1975 T5 § 104; CBC 1985 5-5.9)
Cross-reference:
   CBC 1975, ss 6-3.4
5-5.10   Salary Categories for Certain Offices.
   (A)   (1)   Holders of the following Offices shall receive such annual salary as shall be fixed by the Mayor within the limits set out below for the category in which said Office is placed. In fixing such salary, the Mayor shall consider the salaries paid equivalent Offices by comparable governmental units elsewhere in the United States, the salary necessary to attract or retain competent individuals in the city’s service and the recommendation of the Boston Compensation Advisory Board. Such salary shall, except as otherwise provided by statute or ordinance, be in full for all services rendered to the city and county, shall be apportionable in the event of service for only part of the year and shall be subject to deduction for any and all sums due to the city or county from such Office holder.
         (a)   Category IA shall include the Director of Administrative Services, the Police Commissioner and the Fire Commissioner, who shall receive as salary not less than $260,000 and not more than $325,000.
         (b)   Category IB shall include the Corporation Counsel, the Collector-Treasurer and the Chief Information Officer, who shall receive as salary not less than $160,000 and not more than $225,500.
         (c)   Category II shall include the Commissioner of Assessing, the Commissioner of Public Works, the Commissioner of Inspectional Services, the Commissioner of Parks and Recreation, the Commissioner of Transportation, the City Auditor and the Commissioner of Property Management, who shall receive as salary not less than $140,000 and not more than $180,000.
         (d)   Category III shall include the Supervisor of Budgets, the Supervisor of Personnel, the Supervisor of Labor Relations, the Purchasing Agent and the City Clerk, who shall receive as salary not less than $120,000 and not more than $175,000.
         (e)   Category IVA shall include the Commissioner of Elderly Affairs, the Commissioner of Veterans’ Services, the Chair of the Election Commission, the Assistant Commissioner of Property Management, the Associate Commissioner of Assessing, the Deputy Commissioner of Parks and Recreation and the Chair and members of the Board of Review, Chair of the Licensing Board, members of the Licensing Board and Secretary of the Licensing Board, who shall receive as salary not less than $110,000 and not more than $160,000.
      (2)   Persons holding the Offices mentioned above shall devote their entire time during ordinary business hours to their respective duties. No person holding such an Office or serving in such an Office on an acting or temporary basis shall receive compensation in the form of overtime. The Mayor may appoint persons to positions not enumerated in categories herein; provided, however, that the Department or Agency into which the person is appointed lawfully exists at the effective date of this Section or is duly established by statute hereafter by the Legislature or by ordinance in accordance with law; and provided further, that the assignment of the position to one of the categories enumerated herein will be made by ordinance, and no position shall be transferred from category to category except by ordinance.
      (3)   Category V shall set per diem rates as follows: the Chair and each member of the Board of Appeal in the Inspectional Services Department shall receive for every day or part thereof of actual service $460; but in no event shall the Chair or any member of said Board receive in any one calendar year more than $34,000 in the aggregate for services rendered under the Building Code, being 780 CMR, and the Zoning Law. The Chair and members of the Board of Examiners in the Inspectional Services Department shall receive for every day or part thereof of actual service $287.50, but in no event more than $23,000 in any one calendar year.
      (4)   The Chair and each member of the Zoning Commission shall receive for every day or part thereof of actual service, $287.50, but in no event shall the Chair or any member of said Board receive in any one calendar year more than $8,625.
      (5)   The Deputy Assessors shall be compensated as if they held an Office allocated to Grade No. R-19 of the compensation plan, from time to time, in effect for the county; Assistant Assessors lawfully required to devote at least 35 hours a week to their work shall be compensated as if they held an Office allocated to Grade No. R-15 of said compensation plan.
   (B)   Reserved.
   [Reserved]
   (C)   The divisions of this Subsection shall be severable, and if any one or more paragraphs or portions thereof, shall be held invalid by any Court of competent jurisdiction, the decision of such Court shall not affect or impair any of the remaining Sections or portions hereof.
(Rev. Ord. 1961 (Sup. 1971) c. 3 § 5; Ord. 1972 c. 13; Ord. 1973 c. 5; Ord. 1974 c. 5; CBC 1975 Ord. T5 § 105; Ord. 1979 cs. 12, 20, 25; Ord. 1980 c. 11; Ord. 1982 cs. 13, 24, 25, 31; Ord. 1983 cs. 15, 16, 27; Ord. 1984 cs. 23, 24; CBC 1985 5-5.10; Ord. 1986 c. 23 §§ 1-3; [105]; Ord. 1987 c. 2 § 4; Ord. 1993 c. 5 §§ 1, 2; Ord. 1994 c. 17 § 1; Ord. 1995 c. 3 § 3; Ord. 1998 c. 2 § I; Ord. 2002 c. 6 § 3; Ord. 2004 c. 2 § 2; Ord. 2006 c. 3 § 3; Ord. 2006 c. 6 § 2; Ord. 2006 c. 7 § 1; Ord. 2014 c. 4; Ord. 2018 c. 6 §§ 3, 4, 5, 6, 8; Ord. 2022 c. 8 §§ 3, 4, 5, 6, 7; Ord. 2022 c. 10 §§ 3, 4, 5, 6, 7)
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